ADDRESS / DESCRIPTION: 1888 Virginia Beach Boulevard and east side of Maxey Drive

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1 REQUEST: Change of Zoning (A-12 Apartment to B-2 Business) Conditional Use Permit (motor vehicle sales and service) 3 October 10, 2012 Public Hearing APPLICANT: ARCHANGEL ENTERPRISE, INC. A VIRGINIA CORPORATION PROPERTY OWNER: CITY OF VIRGINIA BEACH STAFF PLANNER: Faith Christie ADDRESS / DESCRIPTION: 1888 Virginia Beach Boulevard and east side of Maxey Drive GPIN: ; ELECTION DISTRICT: BEACH SITE SIZE: Total (and Use Permit Area): 1.4 acres (60,984 square feet) Portion of Site Proposed for Rezoning: 0.51 acres (22,275 square feet) AICUZ: Greater than 75 db DNL Accident Potential Zone 1 SUMMARY OF REQUEST The property was acquired as part of the City s APZ-1 program to prevent further development of incompatible uses in the APZ-1 Accident Potential Zone surrounding NAS Oceana. The applicant is seeking a rezoning of the northern portion of the site from A-12 Apartment District to B-2 Community Business District. The southern portion of the site is already zoned B-2 Business. If the rezoning is approved, the total area of the subject site will be zoned B-2, which will allow the applicant to use the entire site for motor vehicle sales and service for should the Use Permit be approved. The rezoning of the A-12 Apartment District to B-2 Community Business District will also prevent residential and other uses deemed not compatible within this AICUZ and APZ from being developed on that area of the site. The motor vehicle sales and service use will provide a compatible use with the air operations at Naval Air Station Oceana. The City, as the property owner conveying this site to the applicant through the City s APZ-1 Program, developed deed restrictions that will accompany the sale of Page 1

2 the property. The deed restrictions will control the general use, appearance, and site design to ensure a high level of quality development and compatibility with the surrounding area. The submitted site development plan depicts a rectangular piece of property of 1.4 acres. A 2,838 square feet sales building is proposed at the southeastern portion of the site, 57 feet from Virginia Beach Boulevard and 60 feet from Maxey Drive. Six vehicle display areas are dispersed throughout the site. Parking for customers and employees is shown in the middle of the site. A stormwater management facility and 3,400 square feet motor vehicle repair building are depicted at the rear of the site. There are two entrances / exits to the site from Maxey Drive. Street frontage, interior parking lot, and landscape buffers are also shown on the plan. The proposed building is modern in design, and will be constructed using high quality materials such as Hardiplank panels, stone veneer, and storefront windows. EXISTING LAND USE: Vacant property LAND USE AND PLAN INFORMATION SURROUNDING LAND USE AND ZONING: North: Multi-family dwellings / A-18 Apartment South: Virginia Beach Boulevard East: Automotive Repair / B-2 Business West: Maxey Drive Across Maxey Drive are service repair uses / B-2 Business NATURAL RESOURCE AND CULTURAL FEATURES: There are no known significant natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: Urban Area - Hilltop Strategic Growth Area (SGA 7) This property is located in the Urban Area - Hilltop Strategic Growth Area (SGA 7) as identified by the Comprehensive Plan and the Hilltop Strategic Growth Area Master Plan, which was adopted as a Comprehensive Plan amendment on August 28, The Hilltop SGA is recognized as an area primed for redevelopment and reinvestment because of its existing commercial strength and its proximity to the Oceanfront Resort SGA, NAS Oceana, and the First Colonial Road / I-264 interchange. The Comprehensive Plan calls for redevelopment of obsolete commercial structures with new buildings placed according to new urban planning standards for the district. More specifically, the Hilltop SGA Master Plan s Land Use Plan identifies this site as non-residential mixeduse. The plan acknowledges that the Hilltop area is home to a wealth of local businesses with a variety of retail, restaurant, office, health, and recreational uses. The plan encourages building on these unique uses while reinforcing land uses compatible with AICUZ restrictions. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): This site borders Page 2

3 Maxey Drive and Virginia Beach Boulevard. Maxey Drive is a two-lane, two-way local street with a 30 right-ofway width. Virginia Beach Boulevard is a four-lane divided minor urban arterial, with a 100 right-of-way width. There is also an existing median break at the intersection with Maxey Drive. There are no Capital Improvement Program projects currently planned for either roadway in this location. Public Works / Traffic Engineering: There is no land use associated with Used Car Sales in the ITE Trip Generation Manual; however, the trip rate for New Car Sales is commonly accepted as representative of appropriate rates for used car dealerships as well. Additionally, many new car dealerships also contain service areas, and so the trip generation for the proposed Motor Vehicle Sales and Service Future Building #2 can be reasonably assumed to be included in the calculation encompassing the total building area. The proposed use for this site does not appear to create any traffic safety or delay issues within the surrounding roadway network, and the proposed improvements shown on the submitted Site Development Plan appear to satisfy the majority of Traffic Engineering concerns associated with this site. TRAFFIC: Street Name Virginia Beach Boulevard Maxey Drive Present Volume Present Capacity Generated Traffic 30,800 ADT 1 22,800 ADT 1 Potential Land Use per Existing Zoning No data available 9,900 ADT 1 ADT Proposed Land Use ADT (17 PM Peak Hour) 1 Average Daily Trips 2 as defined by 0.51 acres of A-12 Apartment and 0.87 acres of B-2 Business 3 as defined by 6,238 square feet motor vehicle sales and service WATER: This site shall connect to City water. There is an 8-inch City water line on Maxey Drive and two 12- inch City water lines Virginia Beach Boulevard. SEWER: This site must connect to City sanitary sewer. The applicant must provide an analysis of Pump Station #287 and the sanitary sewer collection system to ensure future flows can be accommodated. There is an eight-inch City gravity sanitary sewer main on Maxey Drive and an eight-inch City gravity sanitary sewer main on Virginia Beach Boulevard. FIRE: Storage of vehicles awaiting sale shall not obstruct Fire Department access to the site. Vehicles shall not be used as barriers to prevent ingress and egress of the site. Security for ingress and egress must be approved by the Fire Marshall to insure that fire department access is not obstructed. Gated sites must provide for fire department access using the Knox or Supra key system. Electrically operated gates must have a failsafe operation in the event of a power failure. DEVELOPMENT SERVICES CENTER: Stormwater quality and quantity shall be addressed in accordance with the Virginia Stormwater Management Handbook. In accordance with the Stormwater Management Ordinance, the best management facility for the site must meet a minimum 15-foot setback from any right-ofway and/or adjacent property. Page 3

4 EVALUATION AND RECOMMENDATION The request to change the zoning for the northern portion of the site to B-2 Business and for a Conditional Use Permit for motor vehicle sales and repair is generally consistent with the land use policies of the Comprehensive Plan. The proposed redevelopment of this property will provide a use that is compatible to the AICUZ and APZ for this area of the city. The deed restrictions that the City will attach to the sale of the property will ensure the site is compatible with the permitted uses for the area and will control the appearance and design of the site and building when developed. In sum, staff recommends approval of this request with the submitted proffers of the rezoning, provided below, and with the conditions of the Use Permit, provide directly below. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted Site Development Plan of Virginia Beach Autoplex Virginia Beach Boulevard and Maxey Drive, prepared by NDI Engineering Company Basgier and Associates Division. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed buildings shall substantially adhere to the submitted Lynnhaven Motor Company Presentation Package, prepared by Ionic Dezign Studios, and dated July 20, Said rendering package has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. A Lighting Plan and / or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non-business hours. 4. Parking spaces and display area spaces shall be clearly delineated in the parking lot in accordance with the approved plan. Vehicles shall to be parked in the designated areas, and no vehicles shall be parked within any portion of the public right-of-way. Vehicles shall not be displayed on raised platforms. Vehicles shall not be displayed or parked within any landscaped areas on the site. Vehicles shall not be displayed with the hood of the vehicle open. 5. There shall be no electronic display signs, neon signs or neon accents installed on any wall area of the exterior of the building, windows, and doors. There shall be no pennants, streamers, balloons, portable signs, strings of lights, or banners displayed on the site or the vehicles. 6. No outdoor speakers or public address system shall be permitted. Page 4

5 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Page 5

6 AERIAL OF SITE LOCATION Page 6

7 EXISTING SITE CONDITIONS Page 7

8 PROPOSED SITE PLAN Page 8

9 BUILDING RENDERING Page 9

10 BUILDING RENDERING Page 10

11 ZONING HISTORY # DATE REQUEST ACTION 1 3/14/06 Conditional Rezoning (B-2 Business to I-1 Light Approved Industrial) 2 8/25/09 Conditional Use Permit (Bulk Storage) Approved 3 2/22/00 Conditional Use Permit (Automotive Repair) Approved 4 4/30/09 4/1/10 6/1/12 APZ Conditional Use Permit (Automotive Repair) APZ Conditional Use Permit (Automotive Repair) APZ Conditional Use Permit (Automotive Repair) Deferred Withdrawn Pending 5 10/8/96 Conditional Use Permit (Automotive Sales and Repair) Approved 6 1/25/94 Enlargement of Nonconforming Use Approved Page 11

12 DISCLOSURE STATEMENT Page 12

13 DISCLOSURE STATEMENT Page 13